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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  HS80 

(716)  (72-4503 


"9*^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


i 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


n 


D 


D 
D 


D 


n 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagee 


Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul6e 


□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serr^e  peut  causer  do  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  4tait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Commentaires  suppl6mentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  H;i:'<jer  une 
modification  dans  la  mdthode  normak'  de  filmage 
sont  indiqu6s  ci-dessous. 


I      I    Coloured  pages/ 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagdes 


□    Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pelliculdes 


r~p^  Pages  discoloured,  stained  or  foxed/ 
L—J    Pages  dicolor^es,  tachetdes  ou  piqu^es 


I      I    Pages  detached/ 


D 
D 


Pages  ddtachies 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  indgale  de  I'impression 

Includes  supplementary  materia 
Comprend  du  materiel  supplementaire 


r^K  Showthrough/ 

I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partieliement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmdes  d  nouveau  de  faqon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  rMuction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


i     I  I  I  I  I  TTj 


12X 


16X 


20X 


24X 


28X 


32X 


i 

itails 
(  du 
odifier 
une 
mage 


Th«  copy  ffilmad  h«r«  has  b««n  r«produc«d  thanks 
to  tha  ganorosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Tha  Imagas  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  laglbllity 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spaciflcations. 


Original  copias  in  printad  papar  covars  ara  fllmad 
baglnning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illustratad  Impras- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baglnning  on  tha 
first  paga  with  a  printad  or  illustratad  impras- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  illustratad  imprassion. 


Tha  last  racordad  frama  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaira  film*  f ut  raproduit  grica  A  la 
gAnArositA  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Las  images  suivantas  ont  *ti  raproduitaa  avac  la 
plus  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  I'axamplaira  film*,  et  en 
conformity  avac  las  conditions  du  contrat  da 
filmaga. 

Les  exemplairas  originaux  dont  la  couvarture  en 
papier  est  ImprimAa  sont  filmAs  an  commanpant 
par  la  premier  plat  at  •n  tarminant  soit  par  la 
darniAre  paga  qui  comporta  una  empreinte 
d'impression  ou  d'illustration.  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autras  exemplairas 
originaux  sont  filmte  an  commandant  par  la 
pramiAre  paga  qui  comporta  una  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
derniAre  image  da  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  da  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  ttre 
reproduit  en  un  seul  clichA,  il  est  filmA  A  partir 
da  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  pranant  la  nombre 
d'images  nAcessaire.  Las  diagrammes  suivants 
illustrent  la  mAthode. 


irrata 
to 


pelure, 
n  A 


n 

32X 


1 

2 

3 

1 

2 

3 

4 

S 

6 

iT^e 


Wl 


IN  T 


¥ 


SPEECH 


Of 


mm.  JEFFEE.  DAYIS,  OF  MISS., 


OK 


THE  OREGON  QUESTION. 


DELIVERED 


IN  THE  HOUSE  OP  REPRESENTATIVES,  FRIDAY,  FEBRUARY  6,  1846. 


\- 


WASHINGTON: 

PftlNTED  AT  tHE  OfflCE  Of  »LAIR  AND  RIVES. 

1846. 


IU)3^H^ 


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v<'.    /  '!  A  J/Uliti  (■'i'-?'*; 


,j-y^:T  ,/,..•>.'   ij.j    -vr:   m;-,^,.^   r] 


>:i 


?  Resolution 
wffairs,  requi 
Iritaiii  of  th? 
ittninate  the 
brogate  the 
ansidemtion 

U.  DAVIS 

Ir.  Chairmj 

Twnts,  in  att 
circumstanci 
I  belween  su 
fdw  far  the  i 
si  our  foreif; 
:rpiine;  but  1 

of  affairs, 
rruption,  ha 
en  the  Unite 
:ate  and  diifi 

boundary  b 
ly  ryes  ai-e  fi 
1  ihe  hope  th 

remove  all 
^torial  limits, 
puld  be  difR( 
',  sir,  hereaft 
1  discussion, 
,  unreasonal 
3J^buld  be  en 
ik,be  defeatc 
•apsed  from  < 
3  gained  to  c 
w  the  influei 
•  iSlexico — w 
,  nor  doubt  t 
.land  and  the 

^le  former 
it|^  of  Mexic 
ir,i  I  have  ai 
ch  the  signs 
s.^  An  unus 
tiftr  has  pei 
:a4  themselvi 
oQS  from  rei 
1  fhrawn  into 
ci|^  foretold 
jCi  In  the 
e&  promised 
^^d  proscr 
||rth  rorevei 
•e|)ver  the  fa 
ijgerspective 


■f.'n 


THE  OREGON    QUESTIO^ 


i 


!  Resolution  from  the  Committee  on  Foreign 
affairs,  requiring  the  President  to  notify  Great 
ifitaiii  of  the  intention  of  the  United  Slates  to 
!fminate  the  joint  occupancy  of  Oregon,  and  to 
btognte  the  convention  of  1827,  being  under 
SBsideration  in  Committee  of  the  Whole — 

If.  DAVIS  addressed  the  committee  as  fol- 
s; 

If.  Chairman:  In  negotiations  between  Gov- 
tients,  in  attempts  to  modify  existing  policies, 
circumstances  of  the  time  most  frequently  de- 
!  bei,ween  success  and  failui-e. 
I<iw  far  the  introduction  of  this  question  may 
jt  our  foreign  intercourse,  the  future  only  can 
rpliiie;  but  1  invite  attention  to  the  present  pos- 
of  afTnirs.  Amicable  relations,  after  e  serious 
rruption,  have  been  but  recently  restored  be- 
en the  United  Stt\tes  and  Mexico.  The  most 
aate  and  difficult  of  questions,  the  adjustment 
boundary  between  us,  remains  unsettled;  and 
\y  eyes  ai-e  fixed  upon  our  Minister  at  Mexico, 
1  ^e  hope  that  he  may  negotiate  a  treaty  which 
remove  all  causes  of  dispute,  and  give  to  us 
itorial  limits,  the  ultimate  advantages  of  which, 
ould  be  difficult  to  over-estimate. 
',  sir,  hereafter  we  shall  find  that,  by  this  ex- 
i  discussion,  portentous  of  a  war  with  Eng- 
,  unreasonable  demands  upon  the  part  of  Mex- 
sl^ould  be  encouraged,  the  acquisition  of  Cali- 
ik,be  defeated,  that  key  to  Asiatic  commerce 
taised  from  our  hands  forever:  what  will  we 
3 ^ined  to  compensate  so  great  a  loss?  We 
W  the  influence  which  Great  Britain  exercises 
•  Mexico — we  should  not  expect  her  to  be  pas- 
,  nor  doubt  that  the  prospect  of  a  war  between 
;land  and  the  United  States  would  serve  to  re- 
Uie  former  hopes  and  to  renew  the  recent 
itj^  of  Mexico. 

ir^  I  have  another  hope,  for  the  fulfilment  of 
ch  the  signs  of  the  times  seem  most  propi- 
3.,  An  unusually  long  exemption  from  a  gen- 
VtAT  has  permitted  the  bonds  of  commerce  to 
:n4  themselves  around  the  civilized  world,  and 
ot^a  from  remote  quarters  of  the  globe  have 
1  ^fawn  into  that  close  and  mutual  aependance 
cli^  foretold  unshackled  trade  and  a  lasting 
iBf  In  the  East,  there  appeared  a  rainbow 
oil  promised  that  the  waters  of  national  jeal- 
K^d  proscription  were  about  to  recede  from 
l^rth  forever,  and  the  spirit  of  free  trade  to 
•ejpvcr  the  face  thereof. 
I  j^rspective,  we  saw  the  ports  of  California 


united  to  the  ports  and  forests  of  Oregon;  and  our 
countrymen  commanding  the  trade  of  the  Pacific. 
The  day  seemed  at  hand,  when  the  overcharged 
granaries  of  the  West  should  be  emptied  to  the 
starving  millions  of  Europe  and  Asia;  when  the 
canvass-wingcd  doves  of  our  commerce  should 
freely  fly  forth  from  the  ark,  and  return  across 
every  sea  with  the  olive  of  every  land.  Shall  ob- 
jects like  these  be  endangered  by  the  impatience  of 
petty  ambition,  the  promptings  of  sectional  inter- 
est, or  the  goadings  of  fanatic  hate?  Shall  the 
good  of  the  whole  be  surrendered  to  the  voracious 
demands  of  the  few  ?  Shall  class  interests  control 
the  great  policy  of  our  country,  and  the  voice  of 
reason  be  drowned  in  the  clamor  of  causeless  ex- 
citement? If  so,  not  otherwise,  we  may  agree 
with  him  who  would  reconcile  us  to  the  evils  of 
war,  by  the  promise  of  "  emancipation  from  the 
manufactures  of  Manchester  and  Birmingham;" 
or  leave  unanswered  the  heresy  boldly  announced, 
though  by  history  condemned,  that  war  is  the  pu- 
rifier, blood  is  the  aliment,  of  free  institutions.  Sir, 
it  is  true  that  republics  have  often  been  cradled  in 
war,  but  more  often  they  have  met  with  a  grave  in 
that  cradle.  Peace  is  the  interest,  the  policy,  the 
nature  of  a  popular  Government.  War  may  bring 
benefits  to  a  few,  but  privation  and  loss  are  the  lot 
of  the  many.  An  appeal  to  arms  should  be  the 
last  resort,  and  only  by  national  rights  or  national 
honor  can  it  be  justified. 

To  those  who  have  treated  this  as  a  case  involv- ' 
ing  the  national  honor,  I  reply,  whenever  that 

Question  shall  justly  be  raised,  I  trust  an  American 
longress  will  not  delay  for  weeks  to  discuss  the 
chances,  or  estimate  the  sacrifices  which  its  main- 
tenance may  cost.  But,  sir,  instead  of  rights  in- 
vaded or  honor  violated ,  the  question  before  us  is, 
the  expediency  of  terminating  an  ancient  treaty, 
which,  if  it  be  unwise,  it  cannot  be  dishonombl 
to  continue.  Yet  throughout  this  long  discussion, 
the  recesses  and  vaulted  dome  of  this  Hall  have  re- 
echoed to  inflammatory  appeals  and  violent  decla- 
rations on  the  sanctity  of  national  honor;  and  then, 
as  if  to  justify  them,  followed  reflections  most 
discreditable  to  the  conduct  of  our  Government. 
The  charge  made  elsewhere  has  been  repeated 
here,  that  we  have  trodden  upon  Mexico,  but  cow- 
ered under  England. 

Sir,  it  has  been  my  pride  to  believe  that  our  his- 
tory was  unstained  by  an  act  of  injustice  or  of  peN 
fidy;  that  we  stood  recorded  before  the  world  as  a 
people  haughty  to  the  strong,  generous  to  the  weak ; 


>Oi;'> 


! 


f  be  a  crimo, 

•  txlrndiriij 

raiy  measure  for  the  preservation  of  peace,  ""Wssion 
rescinded,  could  only  restore  us  to  our  former  tiu,\\\  now 
sition.  My  colleague,  [Mr.  Tiiompso.v,]  ''oWj^p^j,  ,,pj„„ 
er,  goes  bo  fur  as  to  say  that  notice  in  the  o  '  '  ^ 
way  to  avoid  war;  and  that  to  extend 
over  our  people  in  Oregon  is  war-a  war  of  (^ 
grace.  This  opinion  is  new,  and  I  think  uicorrt™. '  jigp^yp 
It  is  certainly  (lifTercnt  from  that  which  prevai|j^p .  p^clu 
at  the  date  of  the  treaty;  and  opposite  to  that  h'^^^j  j^^  ^'^^^  ^^ 
for  many  years  thereafter,  by  those  whose  lali(-j,,  Britain 
on  the  Oresjon  question  have  commanded  most  .<,„  ,.,„  „,„, 
Not  so  thought  Floyd,  ^^^'^^  ,^pj^,y 


,  Jjoint  conv« 
""••  •"wloni/.e  th( 


01 


and  nowhere  has  the  character  been  more  exempli- 
fied than  in  our  intercourse  with  Mexico.  We  have 
been  referred  to  the  treaty  of  peace  that  closed  our 
last  war  with  Great  Britain,  and  told  that  our  in- 
juries were  unredressed,  because  the  question  of 
impressment  was  not  decided.  There  are  other 
decisions  than  those  made  by  commissioners,  and 
sometimes  they  outlast  the  letter  of  a  treaty.  On 
sea  and  land  we  settled  the  question  of  impress- 
ment before  negotiations  were  commenced  at 
Ghent.  Further,  it  should  be  remembered  that 
there  was  involved  within  that  question  a  cardinal 
principle  of  each  Government.  The  power  of  ex- 
patriation, and  its  setjuence,  naturalization,  were 
denied  by  Great  Britiun,  and  hence  a  right  assert- 
ed to  impress  native-born  Britons,  though  natural- 
ized as  citizens  of  the  United  States.  This  violated 
a  principle  which  lies  at  the  foundation  of  our  in- 
stitutions, and  could  never  be  permitted;  but  not 
being  propiigandists,  we  could  alTord  to  leave  the 

I>olitical  opinion  unnoticed,  after  having  taught  a 
esson  which  would  probably  prevent  any  future 
attempt  to  exercise  it  to  our  injury.  Let  the  wis- 
dom of  that  policy  be  judged  by  subsequent  events. 
The  outrage  in  the  case  of  the  Caroline,  and  in 
that  of  the  Creole,  have  also  been  referred  to;  and 
though  I  am  not  satisfied  with  the  course  our 
Government  pursued,  I  cannot  admit  that  we  have 
bhrunk  from  asserting  our  rights  against  Great 
Britain;  because  that  Government  has  not  avowed 
the  acts  of  which  we  have  complained. 

Now,  .sir,  I  will  view  the  oiner  side — the  case 
of  Mexico.  So  far  from  having  trespassed  upon 
her,  the  facta  will  bear  me  out  in  saying  that  we 
liave  borne  more  of  insult  and  outrage  on  our  citi- 
zens by  Mexico,  than  England  ever  has,  or  will 
ever  be  permitted  to  perpetrate.  Our  citizens  have 
been  robbed,  our  vessels  seized  and  condemned. 
In  two  instances  the  crews  were  imprisoned  (the 
"Julius  Cocsar"  and  the  "  Champion,")  in  one, 
the  captain  of  the  vessel  murdered — the  '-'Topaz 
Our  treaties  liave  been  broken,  and  in  numerous 
instances  the  property  of  our  citizens  confiscated, 
in  violation  of  the  laws  of  nations.  All  this  we 
have  borne  from  a  Government  we  mainly  con- 
tributed to  warm  into  existence  and  first  intro- 
duced to  the  family  of  nations.  As  a  neighboring 
repubHc,we  desired  the  prosperity  of  Mexico,  and 
nothing  could  be  more  unjust  than  to  charge  our 
Government  witli  seeking  aggrandizement  from  her 
Iielplessness. 
So  much,  sir,  for  the  cases  which  gentlemen 

have  chosen  so  frequently  to  compare  to  our  inju- ,     ^  ,      ^.  ^^^    iuiaui 

ry.    But  whatever  may  nave  been  tlie  conduct  of  I  •  necessary  for  the  iJnited  States  to  perform  j^q^jj  p^t  b 
our  Government  in  the  past,  if  M'e  credit  the  vari-    '     ''  '  «  •■•  i   ^  • 

ous  positions  taken  in  this  discussion,  we  have 
now  arrived  at  a  point  where  an  honorable  pro- 
gress is  almost  impossible.  On  the  one  hand,  we 
are  told,  not  to  give  noti(!e  to  terminate  the  Or- 
egon convention  is  a  dishonorable  retreat;  on 
the  other,  that  to  give  the  notice  will  probably 
lead  to  war,  and  tliat  would  be  dishonor. 

•Sir,  were  there  more  of  justice,  there  might  be 
inore  of  mortification  at  having  such  terms  con- 
nected with  suppositions  attached  to  our  Govern- 
ment. We  have  a  right,  by  the  terms  of  the  trea- 
ty, to  give  notice  for  its  termination  at  our  plea- 
sure; and  whether  we  shall  exercise  the  ri^nt  is 
now,  as  it  has  been,  a  question  of  expediency 
merely.  The  convention  was  adopted  as  a  tempo- 


M 


spect  and  attention 

Linn,  nor  Benton.  ^^  ^^  ,^p 

In  the  early  discussions  upon  the  policy  tOj^  affect 
pursued  in  relation  to  the  Oregon  territory,  no  „  were  incd 
denied  the  power  to  extend  our  laws  over  the  ijA        p    , 
lumbia  valley.     The  opinion  which,  in  this  ^^d  ti,ai  ilii 
cussion,  has  gone  to  such  extent  as  to  denoii  ^j^   j^,  ^^ 
emigration  to  Oregon  as  stealing  into  the  couni^    j^pj^^j,  I, 
is  part  of  the  bitter  fruit  which  has  grown  on  Im^^  havin<' 
partnership  with  Great  BriUun.    The  right  to  t„|f„j;xrv  it"\ 
igrate  to  Oregon,  to  extend  our  laws,  or  to  creiy^j^j^gi,^'  ^j. 
territorial  government  over  that  country,  rests  j^jj^j.  l^•^^^^ 
alone  upon  the  opinion  of  our  statesmen  in  C^tjj,jjyj~j^^, 
gress,  but  is  supported  by  the  correspondence^^yijj  ^^^  f^^ 
the  negotiators  who  formed  the  Oregon  convj^jj).  ^^^  j^g  , 
t'on.  fQ  Powers." 

Upon  this  point,  I  will  refer  to  a  letter  of  All^j^    more 
Gallatin,  dated  January  29d,  1846,  and  recei,|^j|.^  ^j^^' 
published  in  the  "  National  Intelligencer,"  of  i^  impair  pi 
city.     As  one  of  the  United  States  CommissL^  clause  i 
ers  who  negotiated  the  convention  of  1818,  ^tfiino-  there 
represented  our  Government  in  the  arrangciij^juj  which 
of  1827,  for  its  indefinite  prolongation,  his  c^^  other  Poa 
mentary  must  be  received  as  the  highest  author#^jjg  countr 
The  following  passage  refers  to  the  transactir||j,g  yailev  < 
of  1827,  and  shows  the  opinions  then  held  by^j  admitted 
negotiators  upon  this  subject.  ,^^1;^^  ^esto 

"  It  will  be  seen,  by  reference  to  the  protoi,^;Oj^j^jjj,„jjj, 
'  and  correspondence,  that,  although  it  was  fffiticonditional 
'  ally  admitted  that  neither  party  ought,  ov^t^^^  ^^,^g  ^'^^^ 
'  such  continuance,  to  exercise  any  exclusive  'j^^jo,^  '^f  j^j^, 

•  erei«;nty  over  the  territory,  the  American  pleiig^  altered  d 
'  tentiary  declined  to  agree  to  any  convention  f^nnected  wit 
'  taining  an  express  provision  to  that  effect,  or-riuld  here  re 
'  companied  by  the  insertion  in  the  protocol  of  a  t^^  ^^  which 

•  laration  for  the  same  purpose  by  the  British  p^^^  thatoth« 
'  ipotentiaries.    The  reason  was,  not  only  beciLji^^  j|^g  ^.^y, 

•  an  exclusive  right  over  Astoria  and  its  depeiii^(.|^j^j.g.g  ^j^, 

•  ciea  was  claimed  by  the  United  States,  but  pri^^' territory 

•  pally  because  it  was  anticipated  that,  in  orde  jjjj.  ch{ij|., 
'  have,  in  fact,  an  authority  equal  to  that  exerc^^eiition  ht 

•  by  the  Hudson  Bay  Compariy,  it  Would  bec(j„j^     Pursui 

•  necessary  for  the  iJnited  States  to  perform  j^q^jj  po^  \), 
'  which  the  British  Government  mignt  conteii(^fg^|.g^  j 

'  be  forbidden  by  such  express  provision  or  de,^g  restraiiv 
'ration.  The  consequence  was,  that  the  convenyj^j^^'  j, 
'  recognises  some  certain  rights,  and  imposes^jg  ^q^ij  h„ 
'  positive  restrictions;  but  only  such  as  may^gj  ^j,g  p^^,^ 

•  supposed  to  be  implied  in  the  clause  which j,^.j^jj^(^  ^j^j^, 
'  clares  that  nothing  contained  in  it  should  betjjQjy  should 

•  strued  to  impair  or  affect  the  claims  of  either  pi^^^ftviously  in 
'  The  probability  that  it  might  become  neces.^  ^^^y  \^^'^^ 
'  for  the  United  States  to  establish  a  territovialgjjpp^  ^p^,^ 

'  some  sort  of  government,  over  their  own  cilizt||^  jj,p  ^„^, 
•v^ explicitly  avowed."  ^  Apanies.^'a 

The  circumstances  of  the  case,  the  early  and  !^[  Betti«m( 
discussions,  and  the  cotemporaneous  interpreta' 
of  the  convention,  forbid  the  novel  and  extrac  y 
nary  construction  which  would  decide  emigre  J 


i 


be  a  crimp,  and  visit  war  and  diacrace  upon  us 
•  extondinjj  our  laws  over  Anipricnn  citizens  set- 

I  ,  «  d*in  territory  of  which  we  are  recognised  to  hold 
h»  "f^  P^,'^''^'  ""'session.      ^ 

to  our  lormei  |^j„  ^^^^  nttetnnt  to  show  that,  so  far  from  our 
iiOMPsov.j  noM  jjp^^  being  forbidden  to  emigrate  into  Oregon  by 
notice  irt  tne  Ojj^j^^  convention,  wc  have  a  full  and  entire  right 

extend  '^ir  u^^^  ■  ^j^^.  ,|p  ^f  ^^^^^  Columbia  for  agricul- 
ar-a  war  of  c^  ^^^^  ^ 

t  "."."1^ '"'^"'■'■'By  discovery,  exploration,  and  settlement,  we 
at  w  iicli  pi'eviii^jH^i^j  exclusive  sovereignty  over  that  country, 

positc  to  that  11'^^^,  jji  ,,^p  ^^j^j.  ^f  jj^j2  ^e  ^^ere  dispossessed  by 
hose  whose  lal)^^^  Britain.  In  accordance  with  the  treaty  of 
mmanded  most  ^^^  ^,^  ^^^^.^  restored  to  possession.  The  sub- 
;ougtU  IMoyU,  ^„g^^  j^^jjjy  ^f  jgjg^  f^r  joi„,  privileges  in  the 
,  ..  MC  of  the  country,  could  not  destroy,  or  other- 

tlie  policy  tOjjp  affect  our  previous  rights,  except  so  far  as 

II  territory,  no       ^^^^^  incompatible  with  the  stipulations  of  the 
laws  over  the  t^^^      Py  ^^^^  ^l^j^j  ^^.^^^^^  „f  ,|,„j  treaty,  it  is  de- 

vtucn,  in  thia  i^^-j  j,,^^  ^j^^  "only  object  of  the  high  contracting 
Ht  as  to  uenoii^i,|jpy  j^^  ^^  prevent  disputes  and  differences  among 
•into  the  couni^^^,,^^,j, 

hn^  grown  on  i  jj^^  having  been  able  to  decide  upon  a  territorial 
inc  nglit  to  t^indary,  it  was  agreed  that  the  country  claimed 
laws,  or  to  ere(y^jj,^pi.pi^j.jy  „  ^^^p^^^.a^d  of  the  Stony  mountains, 
country,  rests  ^^jjgi.  ^^j^i^  j^^  harbors,  bays,  and  creeks,"  and 
statesmen  in  t^  '« navigation  of  all  rivers  within  the  same," 
^"olTf."  -  ""'««ld  be;  for  the  term  of  ten  years,  «'  free  and 
itn"tothe  "vessels,  citizens,  and  subjects  of  the 
1  /.  4ii'*  Powers."    Though  in  this  privilege  there  is 

H^fi         1  »*>'"?  "''"'■e  than  open  ports  and  freedom  of  the 

W4b,  and  recei,|^ji.y^  ^j^^  poggjbiiiiy  of  its  being  construed  so 

^    xio  impair  pre-existing  rights  was  guarded  against, 
y<R  clause  in  the  same  article,  to  the  effect  that 

prejudice  any 


e  Oregon  conv 


lligcncer, 
lates  Commissi! 


tion  of  1818,  ,||j|„^  therein  contained  should 

til e  arrange ii|^jj^  which  either  of  the  contracting"  parties,  o'r 
angatioii,  his  c^  ^^^^^^  Power  or  State,  might  have  to  any  part 
;  "'ghest  autHor»:|j^g  country.  We  claimed  to  have  possession 
"  1  '■^.".^^'^'"'the  valley  of  the  Columbia,  and  Great  Britain 
s  then  Held  by^j  admitted  the  justice  of  that  claim,  by  the  con- 
.  Mictive  restoration  of  the  posts  at  the  mouths  of 

:c  to  the  proto^^.Ql^j^^j,2^,^  ^^^j  Spookan  rivers,  and  the  actual, 
ougnitwasge„gp^jijj^„j^j  si„.render  of  Fort  Astoria.  Such, 
irty  ought,  dui^^j,^  ^^.^^  ^^^^  j.jgjj^  ^^  southern  Oregon  at  the  for- 
any  exclusive  '^jiion  of  the  convention,  and  they  cannot  have 
American  plen,^  altered  during  its  continuance.  Though  un- 
ny  convention  tjnnected  with  the  point  which  I  am  pressing,  I 

0  that  ettect,  or,^jj,ij  j^^^g  remark,  that  the  article  of  the  conven- 

?r  P  V  J.**'*"*  ^^  ^'•"•^•^  ^  ^'^^^  referred,  by  the  acknowledg- 
jy  the  British  ])^J^^  that  other  Powers  or  States  might  have  claims 
!,  not  only  becfijj^^  jI^p  country,  presents  a  sufficient  refutation  of 

1  and  Its  depeni^  charge  that  we  sought  at  that  period  to  divide 
^^  It^  f '•       P,"i^' territory,  without  regard  to  the  claims  of  Spain. 

It     Kf"  K^r-  Chairman,  let  us  inquire  what  effect  the 

^  .""*  ^^'^"trtivention  had  upon  our  rights  in  southern  Ore- 
Y,  it  would  bec(j,g^  Pursuing  the  principle  that  previous  rights 
es  to  pertorm  ),Q„|d  ^ot  be  exercised  so  as  to  destroy  those 
It  might  conteii-^fgr,.gj  ,,y  ^j^^  convention,  it  follows  that  we 
provision  or  af,^„.g  restrained  from  establishing  a  custom-house, 
thatthe conveiij. jgyyj^„  duties  on  British  merchants,  because 
a,  and  imposes^jg  ^„ui  j  have  been  a  violation  of  the  agreement 
r  »uch  as  maVjgt  ^he  country  should  be  free  and  open;  but  that 
e  clause  whiclij^.j^j„j  ^j„j,^  ^^  ^^^^  throughout  the  whole  ter- 
n  It  should  be  ?,_,„  „i,„„i,i  u„  „„„„,„.,«,^  ,^  ^„,.-:.,„  .u„  — ... 


ims 


"f  "If        '*"^y  should  be  construed  to  deprive  the  party 
ot  either  pa^y,j,yg|y  j„  possession  of  the  right  to  settle  in  it 
become  necesijij  ^^^y  ^^^^^  purpose,  is  wholly  irreconcilable, 
[ish  a  temtomg„pp^  ^,pQH  (he  supposition  that  the  convention 
■their  own  citiz^  the  agreement  of  fur-trading  and  trapping 
,         .         ,  i|npanics,  and  designed   to  prevent  an  agricul- 
,  the  early  and  igj^^j  geitkment.    Otlierwise,  it  is  to  contend  that 
eous  interpreta 
ovel  and  extrac 
decide  emigra   '    : 


the  minor  contained  the  major  power;  that  the 
temporary  regulations  of  trade  had  swallowed  up 
the  right  of  pcrmanenf  possession. 

The  only  Power  which  could  object  to  our  claim 
was  Spain.  We  now  possess  the  Spanish  title, 
extending  our  territorial  rights  to  the  Uussian  pos- 
sessions in  the  north;  and  this  brings  us  into  con- 
flict with  Great  Britain  upon  more  ancient  and 
complex  qiiestions. 

I  will  not  weaken  the  position  of  our  Secretary 
of  State,  by  adding  anything  to  his  demonstration 
of  the  commercial  character  of  the  treivty  of  1790, 
(known  as  the  Nootka  Sound  convention,)  nor  the 
irresistible  conclusion  that  the  war  of  1796  be- 
tween the  contracting  parties  had  annulled  it,  as  all 
other  treaties  of  those  Powers,  But  as  the  British 
Government  now  rests  its  claim  entirely  upon  that 
treaty,  and  the  present  Minister,  in  his  corre- 
spondence with  our  Secretary,  asserts  that  •'  the 
Nootka  Sound  convention  has  continued  in  full 
and  complete  force  up  to  the  present  moment,"  I 
will,  for  the  sake  of  argument,  so  consider  it.  To 
admit  that  convention  to  be  still  in  force,  it  is  ne- 
cessary to  consider  it  as  a  declaration  of  rights  in- 
dependent of  and  above  the  treaty;  not  the  grant 
of  advantages  under  it.  Now,  let  us  see  what 
consequences  follow  from  this  admission.  That 
Spain,  under  the  established  usage  of  European 
nations,  by  the  early  voyages  of  her  navigators, 
had  acquired  the  exclusive  right  of  occupation  in 
the  northwestern  coast  of  America,  as  far  as  their 
discoveries  extended,  was  not  denied ;  but  the  ques- 
tion was.  Had  she,  without  having  occupied  the 
country,  an  exclusive  right  of  sovereignty  over  it? 
Several  of  the  States  of  Europe  fitted  out  expedi- 
tions for  discovery  along  the  continent,  and  among 
the  adjacent  islands.  The  Spaniish  Government, 
it  is  supposed,  to  conceal  from  other  nations  the 
discoveries  of  her  navigators,  withheld  them  from 
publication,  and  thus  claims  of  discovery  were  laid 
on  places  which  the  Spaniards  previously  had 
visited. 

When  Captain  Cook  made  his  voyage  in  1778, 
the  first  point  at  which  he  landed  on  the  north- 
western coast  was  "Nootka  Sound."  Though 
the  Indians  possessed  iron  instruments — an  evi- 
dence of  intercourse  with  European  traders — the 
previous  discovery  of  Perez  not  having  been  pub- 
lished, the  port  San  Lorenzo  of  the  Spaniards  was 
claimed  as  a  discovery  by  Cook,  and  he  gave  it  the 
name  it  bears — "  Nootka  Sound." 

The  publication  of  Cook's  voyage  opened  a  new 
field  for  commercial  enterprise;  the  fur  trade  of 
the  north  Pacific  was  actively  engaged  in;  and 
Nootka  Sound  became  a  place  of  common  resort 
by  vessels  trading  in  the  north  Pacific. 

These  movements  were  viewed  with  dissatisfac- 
tion by  the  Court  of  Madrid.  The  fear  was  enter- 
tained that  establishments  might  be  formed  in 
those  regions,  which  would  endanger  the  domin- 
ions of  the  Spanish  crown  on  the  northwest  coast 
of  America,  and  various  means  were  adopted  to 
counteract  it. 

In  1788,  Lieutenant  Meares,  an  Englishman, 
commanding  a  trading  vessel  under  Portuguese 
colors,  entered  Nootka  Sound;  and  wishing  to 
leave  a  portion  of  his  men  at  '•'  Friendly  Cove" 
to  build  a  coasting  vessel,  obtained  permission  from 
the  Indian  chief  (Maquinna)  to  erect  a  hut  on 
shore  for  their  accommodation.    This  forms  the 


I 


foundation  of  iho  British  claim  to  the  priority  of 
sottlumciit  ut  Noolkti  ^ouiid.  This  event,  scein- 
injjly  so  iinimpoitunt,  in  171)0  cume  near  produc- 
ing tjencral  war  in  liurope,  and  its  results  seem 
now  to  threaten  the  peace  between  Enghind  und 
Uie  United  States. 

In  the  examination  of  this  question,  so  much  de- 
pends upon  the  initial  point,  iIkiI  it  deserves  espe- 
cial scrutiny.  First,  for  the  character  and  purposes 
of  Mearcs,  I  will  read  from  the  work  of  a  coteni- 
porary,  Captain  Dixon,  one  of  the  most  enterpris- 
ing if  the  navigators  in  the  north  Pacific. 

I'Jie  title  of  the  work  is  "  Dixon's  Voyage  round 
the  World."  At  pas<'  l.'iS, after  stating  that  he  met 
Meares  at  Prince  William's  Sound  ih  1787,  and 
learned  from  him  that  he  had  been  as  far  as  Cook's 
river,  he  gives  Meares 's  statement  thus :  '♦  He  met 

•  with  a  party  of  Russian  settlers,  who  informed 
'  Itim  that  the  land  to  the  eastward  of  the  strait  is 
'  called  Codiac,  and  that  they  had  a  settlement 
'there;  likewise,  that  two  European  vessels  were 
'  then  at  anchor  ut  Codiac,  and  that  they  had  lately 
'  seen  two  other  ships  in  Cot)k's  river.  •  *  « 
'  This  intelligence  induced  him  to  steer  for  Prince 

*  William's  Sound."  At  pages  156,  157,  hegives 
an  account  of  an  interview  with  Meares  and  his 
first  mate,  Mr.  Ross:  "From  them  we  learned 
'  that  the  fui  trade  on  this  coast  had  been  carried 

•  on  from  different  parts  of  the  East  Indies  for 
'  some  years.  They  told  me  various  stories  rc- 
'  spccting  their  success  in  trade;  but  on  these  much 

♦  reliance  was  not  to  be  placed,  as  the  captain  and 

*  mate  seldom  agreed  in  their  accounts."  Thus 
we  are  informed  of  the  pursuit  of  Meares;  and 
the  little  credibility  given  to  his  statements  pre- 
pares us  for  the  discrepancies  between  his  Journal 
and  Memorial.  A  fur  trader,  cruising  on  pre- 
viously-explored portions  of  the  coast  in  1787 — his 
veracity  impugned,  and  his  crew,  on   the  same 

'  authority,  slated  to  have  been  disabled  by  disease, 
which  resulted  from  drunkenness, — we  are  pre- 
pared to  find  him,  the  next  year,  sailing  under  a 
foreign  flag,  to  evade  the  revenue  laws  of  China, 
and  in  violation  of  privileges  his  Government  had 
conferred  upon  two  companies  of  liis  countrymen; 
with  papers,  the  character  of  which  were  doubt- 
ful, if  not  piratical. 

It  is  worthy  of  remark,  that  whilst  the  British 
Government  has  opposed  the  claim  of  Captain 
Gray  to  discovery  of  the  Columbia,  because  he 
was  a  private  citizen,  and  his  vessel  private  proper- 
ty, though  sailing  with  the  papers  and  under  the 
colors  of  our  Union;  whilst  they  have  denied  the 
nationality  of  discovery  unless  under  the  orders  of 
his  Government,  a  claim  is  nevertheless  based  upon 
the  asserted  settlement  of  Meares  whilst  trading 
under  the  flag  of  Portugal. 

Sir,  the  claim  of  England  on  the  northwest  coast 
of  our  continent  has  gone  through  many  changes; 
but  from  the  fanciful  voyage  of  the  piratical  favor- 
ite of  dueen  Elizabeth,  Captain  Drake,  down  to 
the  fur-trader,  Meares,  there  is  one  common  fea- 
ture— plunder  of  the  Spaniards.  In  the  former  in- 
stance, it  was  termed  "sharing  in  the  riches  extort- 
ed from  the  unfortunate  princes  of  Mexico  and 
Peru;"  in  the  latter,  it  was  the  right  to  trade  in  the 
unoccupied  regions  of  America.  In  after  times,  a 
claim  was  based  on  each  for  territorial  acquisition. 
The  claim  upon  the  voyage  of  Drake  has  been  ex- 
ploded; if  tliat  of  Meoies  should  prove  to  be  with- 


out foundation,  is  there  another  still  ?    The  cj^n  of  the  ar 
to  Nootka  rests  upon  the  supposition  that  Biropply  then 
subjects  were  dispossessed,  and,  under  the  l^n^er  shows 
tide  of  the  treaty  of  1790,  had  a  rii'ht  to  ro.s||fritorial  ri 
tion.    The  first  inquiry  is,  had  British  subjectNgJed  selllem 
land  at  Nootka?    Meares,  in  his  Narrative,  sayj^  nrw  ass 
made  arranirements.  May,  1788,  with  the  In  ^t  Macao, 
king,  Maquinna,  who  "most  readily  consentt^hedid  no 
'  grant  us  a  spot  of  ground  in  his  territory,  wl,  ^cnt  of  lli 
'  on  a  house  might  be  built  for  the  accommodiif  tlie  vessels 
'of  the  people  we  left  behind."    "  In  return'' fcis  Memor 
"  chief  was  presented  with  a  pair  of  pistols."    tention  to 
conclusion  is  immediate,  that  the  grant  wns  iiggt  coast  of 
for  a  tem])orary  purpose.     But  all  doubt  is  ii,pear;  nor 
end  after  reading  his  account  of  the  interview  v^ots  of  land 
Maquinna.     When  in  the  Juno  following  he  furred  to  th 
about  to  leave  the  port,  he  says,  "  As  a  brilj^^  to  form 
'  secure  Maquinna 's  attachment,  lie  was  pronijul„rly  at  N 
'  that,  when  we  finally  left  the  coast  he  should  Captain  C< 
'  ter  into  full  possession  of  the  house,  and  allngliah  color 
'  goods  thereunto  belonging."  e»e  instruct 

The  temporary  purpose,  the  specific  object,  e  Spanish 
contemplated abandonmentof the "sjjotofgrouiiace,  and  in: 
are  plainly  shown  in  the  above  extracts;  and  aritish  fort  o 
learning  from  his  Journal  that  he  bought  the  pi^  invasion  o 
of  Maquinna  for  a  short  period  by  the  pronnUowed,  wl 
inheritance  of  the  hut  and  chattels,  how  caiiji  the  seiz' 
credit  the  preposterous  claim  of  his  Memorial,  Princess  R 
pared  at  a  subsequent  period,  to  tracts  of  land  wiving  at  th 
to  be  purchased  of  Maquinna;  or  the  equally  (»  a  prize.     ' 
tradictory  statement  or  a  witness,  that  the  chicf,eBsage  (Ma 
the  country  did  homage  to  Meares  as  their  so'ontain  to  its 
eign?    The  evidence  that  he  bought  no  land  (\\t  negotiatic 
Maquinna,  that  he  never  asked  permission  to  nirmvcntion. 
a  permanent  settlement  there,  is  abundant  iiiofnplains  of 
narrative  of  Meares  itself;  but  as,  according  toujgoes,  and 
uniform  agreement  of  European  nations,  such  tthe  comm( 
and  purchase  would  have  availed  nothing  agfia^rned  to  b 
the  claim  of  Spain  by  first  discovery,  it  is  ustxeluslve  oc 
for  any  practical  purpose  to  pursue  it.  overeignty. 

The  pretended  settlement  of  Meares  at  Noootial  instinct 
Sound  was  described  by  Captains  Gray  and  Injegotiation. 
ham,  who  had  been  at  the  spot  (1788)  before  it^els  capturec 
abandoned.  (See  the  statement  submitted  by  tir«aty,  the  f 
in  1792.)  They  say,  "  there  was  a  house,  or  ruiojration  to  B 
a  hut,  consisting  of  rough  posts,  covered  \(.f  land.  Ti 
boards,  made  by  the  Indians,  out  this  Capt.  Do«^Bpot  of  gn 
lass"  (the  lieutenant  of  Meares,  and  commani!)^  for  a  tern 
the  Iphigenia,)  "  pulled  to  pieces  before  sailing  Since  182( 
the  Sandwich  Islands  the  same  year."  If,  theiheir  claim 
had  been  intended  to  take  possession  in  defaulyat  they  hai 
the  Spanish  Government  to  follow  up  discovont  that  cla 
by  occupation,  the  destruction  of  "  the  hut'^tts.  Our 
proof  that  the  intention  was  abandoned.  Ifc©  20th  Sej 
Viceroy  of  Mexico,  in  the  following  year,  (17fV|inister,  (1 
sent  Don  E.  J.  Martinez  to  inquire  into  trespasiJB  assumpt 
upon  the  rights  of  his  Catholic  Majesty.  He  saiato  be  regi 
with  an  amiament,  under  instructions  to  makSilly  given, 
settlement  at  Nootka.  On  his  arrival  at  that  plajure,"  that 
6th  of  May,  1789,  he  found  the  "  Iphigenia'^rowth. 
Friendly  cove,  to  which  place  she  had  returr  ;Mr.  Cha' 
after  wintering  at  the  Sandv/ich  Islands.  She  \eohvent.ion 
commanded  by  a  Portuguese,  (Viana,)  Capiings  and  tn 
Douglass  being  in  the  character  of  supercaigo.  <y»st  of  Ar 
in  the  previous  year,  she  sailed  under  the  Por^rfiich  Brit 
guese  flag,  and  carried  Portuguese  papers.  Mthe  month 
tinez  demanded  why  she  was  at  anchor  in  a  ])the  transac 
belonging  to  the  sovereignty  of  Spain;  and  vkes  been  £ 
anjwered,  "  that  they  had  put  in,  being  in  (li|h  officer 
tress;"    *    «    *    '<  that  they  were  in  daily  expipeice,  that 


I 


It 


cr  still  ?  The  c^^^  ofthe  iirrival  of  Captain  Monrcs  from  Mncao, 
•oauioii  thut  Ili^ipply  them,  when  they  should  depart."  This 
id,  under  the  l.H|i||rer  ahows,  at  that  period,  there  was  no  claim 
n  •  ^'7  '"  ■'"•'^•••ritorial  rights  by  the  party  who  made  the  pre- 
Unlish  HuhjectNijed  settlement  of  Meares. 
s  Narrative,  suy_4  n,.^  association  for  the  fur  trade  was  form- 
do,  with  the  III  at  Macao,  which  changed  the  plan  of  Meares, 
■cadily  conseiittihedid  not  return  to  the  coast  of  America,  but, 
us  territory,  wl,  jgeiit  of  the  association,  he  g^avc  instructions 
the  accommodiif  tlie  vessels  it  sent  out.  From  these,  as  uttuchcd 
*' In  return ''l^s  Memorial,  it  is  evident  that  there  was  an 
irof  pistols."  t^ntion  to  make  an  establishment  on  the  north- 
he  R'"ant  wtts  iiggt  coast  of  America,  but  at  what  point  docs  not 
It  all  doulit  is  ii,pear;  nor  is  there  a  word  about  the  purchased 
f  the  interview  i,ots  of  land  at  Nootka  Sound,  but  that  point  is 

"  ..  T'"°  ^^  ^•■'■'^^  ^^  ^''"^•'  "  ^^  recommend  you,  if  possi- 
ys,  "  As  u  briljj^  to  form  a  treaty  with  the  various  chiefs,  par- 
ti he  was  proni,olarly  at  Nootka." 

coast  he  should  Captain  Colnett,  of  the  ship  Argonaut,  (under 
house,  and  allfjgliMh  colors,)  was  the  first,  who,  sailing  with 
ese  instructions,  arrived  at  Nootka.  He  found 
specific  object,  q  Spanish  officer,  Martinez,  in  possession  of  that 
c".spotofgrouii5ce,  and  informed  him  of  his  intention  to  erect  a 
i  extracts;  unu  Ofitish  fort  on  shore.  This  Martinez  resisted  as 
[le  bought  the  !«»  inva-siion  of  his  sovereign's  right;  an  altercation 
od  by  the  proiinUowed,  which  resulted  in  the  arrest  of  Colnett 
'k'-''  nV  "°*^.'^""ld  the  seizure  of  his  vessel.  Afterwards,  the 
his  Memorial,  Princess  Royal,"  consort  of  the  "Argonaut," 
o  triieti  of  land  rriving  at  the  same  port,  was  also  seized  and  taken 
or  the  equally  (,  n  prize.     This  transaction  was  the  subject  of  a 


s,  that  the  chiefioBsagc  (May  5th,  1790)  from  the  King  of  Great 
ucs  03  their  so'^tain  to  its  Parliament,  and  foi-med  the  basis  of 
ought  no  land  fiie  negotiations  which  led  to  the  Nootka  Sound 
permission  to  nianvcntion.  Though  the  message  of  the  King 
IS  abundant  inojnpiixing  of  the  capture  of  vessels,  the  seizure  of 
IS,  according  tongoes,  and  the  imprisonment  of  crews ;  though, 
1  nations,  such  t) the  commencement,  the  point  to  be  discussed 
cd  nothing  agnojmed  to  be  the  distinction  between  the  right  of 
overy,  it  is  uscxcluslve  occupation,  and  the  right  of  exclusive 
^^^  '^*  TV  wvcreignty,  navigation,  and  commerce;  the  terri- 
Meares  at  Nooanal  instinct  of  Great  Britain  was  aroused  by  the 
r'rrfiaf  r  r"*^  ^"iiegotiation.  The  claim  for  redress  because  of  ves- 
[l7eo)  before  it 'efi  captured  and  cargoes  seized,  closed  with  a 
.  submitted  by  tJrtaty,  the  first  article  of  which,  was  for  the  res- 
s  a  house,  or  ratojration  to  British  subjects  of  buildings  and  tracts 
>8ts,  covered  wtlemd.  To  this  size,  even  then,  had  grown  the 
It  tins  Capt.  Do^Bpot  of  ground,"  and  the  fur  traders'  hut  erect- 
,  and  commandrd  for  a  temporary  shelter. 

s  before  sailing  Since  1826,  the  British  negotiators  have  rested 
year.  If,  tiienheir  claim  upon  the  Nootka  Sound  convention; 
Jssion  in  defaul^at  they  have  not  informed  the  world  to  what  ex- 
Ilow  up  discovflot  that  claim  may  go,  or  on  what  basis  it  now 
of  «  the  hut'-«»ts.  Our  Secretary  of  State,  (Mr.  Calhoun,) 
abandoned.  Ifce  20th  Septei..ber,  1844,  in  a  letter  to  the  British 
vingyear,  (17fVtinister,  (Mr.  Pakenham,)  asked  the  reason  for 
lire  into  trespasiJB  assumptions  from  the  Nootka  convention.  It 
lajesty.  He  sai«,to  be  regretted  that  the  reasons  have  not  been 
actions  to  makajly  given.  That  "  spot  of  ground  is  so  expan- 
nval  at  thatplajHre,"  that  it  were  well  to  fix  some  limit  to  its 
le  "  Iphigenia'jrowth. 

she  had  return.  ; Mr.  Chairman,  the  first  article  of  this  Nootka 
Islands.  She  Mcohvention  provides  for  the  restoration  of  •«  build- 
(Viana,)  Captijfigs  and  tracts  of  land  situated  on  the  northwest 
}f  supercargo.  <Mia3t  of  America,"  or  on  the  adjacent  islands,  of 
i  under  the  Porvihich  British  subjects  "  were  dispossessed  about 
ise  papers.  Wthe  month  of  Apfil,  1789."  The  reference  is  to 
anchor  in  a  j)thc  transaction  at  Nootka  Sound;  and  I  believe  it 
Spam;  and  wImis  been  suflSciently  proven,  that  when  the  Span- 
in,  being  in  (ii|h  officer  arrived,  there  were  no  buildings  at  the 
re  in  daily  expijjace,  that  no  tracts  of  land  were  claimed  by  Brit- 


ish subjects,  and  therefore  that  the  article  waa 
void. 

The  second  article  provides  for  compensation  for 
the  loHses  sustained  by  acts  of  violence.  This  was 
fulfilled  by  the  payment  of  the  sum  agreed  on — 
$210,000 — and  which  probably  much  surpassed 
any  loss  sustained. 

The  third  article  gives  to  the  subjccta  of  both 
the  contracting  parties  the  right  to  land  on  the 
coast  of  the  Pacific  or  South  sea,  '•  in  places  not 
already  occupied,  for  the  purpose  of  carrying  on 
their  commerce  with  the  natives  of  the  country, 
or  of  making  settlements  there,"  subject  to  'he  re- 
strictions in  the  following  articles. 

Among  the  restrictions,  the  only  one  having  an 
important  bearing  on  the  right  to  make  settlements, 
is  m  the  fifth  article,  which  limits  those  settlements 
to  the  coast  and  adjacent  islands  "  situate  to  the 
north  of  the  coast  already  occupied  by  Spain." 
This  treaty  was  formed  in  1790,  In  1789,  Spain 
settled  Nootka;  therefore,  the  joint  right  of  settle- 
ment was  north  of  this  point.  Then,  sir,  the  ques- 
tion arises:  what  extent  of  ground  did  the  Spanish 
settlement  cover.'  The  established  usage  is,  that 
settlement  on  any  part  of  an  island,  is  considered 
as  extending  to  the  whole.  The  line,  if  this  be 
correct,  which  forms  the  southern  limit  of  the 
British  right  to  make  settlements  under  the  Nootka 
convention,  is  to  be  drawn  through  the  head  of 
duadra  and  Vancouver's  Island. 

Mr.  Chairman,  accustomed  to  believe  that  Brit- 
ish subjects  had  no  right  to  settle,  except  for  pur- 
poses of  fur  trade,  in  the  region  of  Astoria  and  its 
dependencies ;  that  it  was  sheer  assumption  on  their 
part  to  claim  authority  to  make  permanent  settle- 
ments in  southern  Oregon;  I  listened  with  much 
surprise  to  the  gentleman  who  yesterday  construed 
the  claim  as  extending  to  the  whole  coast  down  to 
Mexico.  British  diplomatists  are  seldom  barred 
by  modesty  from  asking  for  enough;  but  this  con- 
struction surpasses  any  they  have  ever  inade,  and, 
if  correct,  would  greatly  modify  my  opinions  on 
our  present  policy.  I  have  endeavored  to  construe 
the  Nootka  convention  by  its  terms;  now,  sir,  I 
will  refer  to  its  history,  as  illustrative  ofthe  object 
the  British  negotiators  had  in  view.  In  what  part 
of  the  coast  of  northwestern  America  had  British 
subjects  sought  to  trade.'  The  publication  of 
Cook's  voyjiges  originally  attracted  British  enter- 
prise to  the  American  coast  of  the  north  Pacific. 
Cook  first  landed  at  Nootka,  and  his  examinations 
were  thence  northward.  The  British  adventurers 
in  the  fur  trade  followed  in  his  track.  To  show 
that  they  neither  engaged  in,  nor  valued  the  trade 
south  of  that  point,  I  will  read  another  passage 
from  *' Dixon's  Voyage  round  the  World."  At- 
tached to  liis  journal  is  a  condensed  history  of  the 
fur  trade,  as  it  existed  two  years  befor*?  the  Nootka 
treaty.  Page  321,  he  says:  **  From  this  short 
'  sketch  of  the  fur  trade,  thou  mayest  easily  per- 
'  ceive  that  many  great  advantages  would  be  de- 

*  rived  from  it,  if  placed  on  a  permanent  footing; 
'  to  effect  which,  I  should  conceive  the  most  eligi- 

*  ble  plan  would  be  to  establish  a  factory  on  the 
'  coast;  and  the  north  end  of  dueen  Charlotte's 
« island  seems  peculiarly  well  adapted  for  Jhat  pur- 

oe;  the  situation  is  nearly  central,  between 

*  Cook's  river  and  King  George's  Sound;  and  we 

*  are  well  assured  that  the  furs  to  the  southward 

*  are  of  a  very  inferior  quality.  * '  The  region ,  then,. 


sr 


I 


(in  which  the  trade  existed,  for  which  nritiah  nego- 
tiators wrrc  r.d/itetidiiif;,)  wftH  from  KitmUcori^e's 
Sound  to  the  north.  Would  tlicy  cnibftrrnuN  thi- 
treaty  by  a  Hlipuiniion  n«>i  important  to  the  object? 

But  we  arc  not  lefV  to  Npecultition  on  thin  point; 
the  dchntcs  in  the  Hritinh  Parliament,  and  the  ))ONi- 
tion  taken  by  the  Spuiiish  connniHsioner,  Ciuadra, 
show  the  interpretation  given  to  the  treaty  by  both 
QovcrnmcntH  ai  the  date  of  its  formation. 

I  will  read  two  extracts  from  the  parlinmenlnry 
debates,  and  each  shall  be  from  those  most  onxious 
to  give  a  wide  and  favorable  construction  to  the 
treaty. 

The  Duke  of  Montro.se,  who  in  the  House  of 
Lords  moved  an  address  of  thanks  to  his  Majesty 
for  the  successful  termination  of  the  Spanish  nego- 
tiations, December  13,  1790,  enumerating  the  ad- 
vantages derived  from  the  Nootka  convention, 
said:  "We  are  not  only  restored  to  Nootka,  but, 
'  by  an  express  stipulation,  we  may  participate  in 
'  a  more  northern  settlement." 

Mr.  Duncombe,  who  moved  the  address  in  the 
House  of  Commons,  Decci.iber  14th,  1790,  said: 
"  It  was  in  consequence  of  an  unj^rovokcd  insult 
'  that  satisfaction  had  been  demanded,  and  tJiat 
'  satisfaction  was  obtained  by  the  convention, 
'  which  also  secured  to  us  the  means  of  extending 
'  our  commerce  and  navigation,  and  of  giving  ad- 
•  ditional  vigor  to  our  manufactures. "  Each  treats 
it  as  an  acquisition  of  advantages,  and  the  liij^'^est 
claim  is  restoration  to  Nootka,  and  the  privilege  of 
making  more  northern  settlements. 

Throughout  the  long  debate,  there  is  nowhere 
to  be  found  a  claim  to  territorial  acquisition  by  the 
treaty;  and  to  the  bitter  irony  and  jeering  taunts  of 
Mr.  Fox  upon  the  position  in  which  the  territorial 
pretensions  of  Great  Britain  had  been  left,  his 
great  rival,  Mr,  Pitt,  then  premier,  made  no  re- 
ply, but  continued  to  urge  the  commercial  advan- 
tages his  Government  had  gained. 

To  our  times  has  been  left  the  conflict  of  con- 
struction foreshadowed  by  Mr.  Fox  when  he  sar- 
castically proposed  to  write  in  the  margin  of  most 
of  the  articles  of  the  convention,  "This  will  afford 
'  an  admirable  opnortunity  for  the  future  display 
'  of  the  power  ana  energy  of  Great  Britain." 

Sefior  duadra  and  Captain  Vancouver  met  at 
Nootka  Sound  in  1792,  commissioned  to  carry  out 
the  first  article  of  the  treaty,  called  the  Nootka 
Sound  convention.  Fortune  favored  the  examina- 
tion of  the  case,  in  the  number  of  witnesses  that 
happened  to  be  present.  Captains  Gray  and  In- 
granam,  who  witnessed  the  trtmsactions  in  1788 
and  1789,  were  again  at  Nootka.  In  answer  to 
interrogatories,  they  presented  a  written  statement, 
conclusive  as  to  the  temporary  character  of 
Meares's  building,  and  that  it  was  destroyed  by  his 
associates.  They  .arther  stated,  that  though  they 
had  been  long  in  trading  intercourse  with  "the  na- 
tives of  the  island,  and  spoke  their  language,  they 
had  never  heard  of  any  lands  having  been  pur- 
chased by  Meares.  The  Portuguese  "captain,  Vi- 
ana,  was  also  there,  and  corroborated  the  state- 
ment of  Captains  Gray  and  Ingraham.  Maquin- 
na  and  the  neighboring  chiefs  denied  that  they  had 
ever  sol^  any  lands  to  British  subjects.  There- 
upon, SeiKor  Q,uadra  decided  that  no  lands  were  to 
be  restored. 

After  a  long  correspondence,  it  was  finally  de- 
cided by  Vancouver,  who  proposed  to  refer  the 


matter  back  tn  the  two  Governments,  and  in 
moantiine  recogniHcd  Nootka  as  a  Spanish  port 

Attem[)tH  have  been  made  to  prove  that  aul 
fluently  the  port  of  Nootka  was  surrendered  t 
British  officer;  but  thisis  rendered  very  improba 
from  the  contradictory  stntcments,  as  well  as 
fact,  that  in  the  next  year,  (1793,)  Spain  ond  Gi 
Britain  formed  an  alliance,  "  an  intimate  and  en 
'  concert,  to  oppose  the  dangerous  views  of  aggr 
'  sion  and  ogiirandizement  on  the  part  of  Franr 

But,  sir,  it  is  for  those  who  assert  the  restitut 
to  have  been  made,  to  produce  the  evidence  of  si 
fact.  Until  this  be  done,  it  may  well  be  assun 
that  Spain  al)aiidi)ned  the  post  as  useless,  wl 
her  friendly  alliance  with  Great  Britain  remoi 
the  apprehension  which  had  led  to  its  formatioi 

Then,  sir,  following  the  position  of  the  Brit 
Minister,  (Mr.  Pakenham,)  that  the  Nootka  ci 
vention  is  still  in  force,  and  combining  the  relati( 
of  that  treaty  with  those  of  the  British  and  Amt 
c^n  convention  of  1827,  we  have  the  rights  of  i 
contracting  parties  varying  in  each  of  the  geogra] 
ical  divisions  of  the  territory.  In  the  northern 
vision,  the  Nootka  convention  gives  joint  right 
trade  and  settlement.  In  the  southern  division,! 
United.States  have  possession,  and  the  convent! 
of  1827  gives  to  British  subjects  joint  right  of  tra 
and  navigation.  In  the  intermediate  division — 1 
ing  the  region  between  the  valley  of  the  ColumI 
and  the  most  northern  Spanish  settlement  in  1790 
the  rights  and  privileges  of  both  parties  are  suhji 
to  the  convention  of  1827,  and,  limited  by  its  pr 
visions,  are  confined  to  purposes  of  trade. 

The  convention  of  1818,  prolonged  in  1827,  u 
designed  to  "  prevent  disputes,  and  leave  t 
country  "  free  and  open"  to  both  of  tji,  contrai 
ing  parties.  It  provided  that  neither,  during  i 
continuance,  should  do  anything  to  impair  tl 
claims  of  the  other  party.  The  object,  the  prii 
lege,  and  the  proviso  alike  combine,  to  forbid  eitli 

Earty  from  extending  its  agricultural  settlemeii 
eyond  the  previously  permitted  limits.    Whiis 
therefore,  we  should  restrict  our  permanent  esta 
lishments  to  Astoria  and  its  dependencies,  we  hai 
a  right  to  require  England  to  confine  hers  with 
the  bounds  prescribed  by  the  Nootka  conventioi 
Sir,  the  notice  which  I  think  is  most  demanded  \ 
our  present  situation,  is,  to  inform  Great  Britai 
that  her  agricultural  settlements  south  of  Puget 
Sound  violate  both  the  object  and  the  terms  of  oi 
treaty,  and  cannot  be  permitted.   The  enforcemei 
of  that  notice,  and  the  natural  progress  of  event. 
would  finally  secure  to  us  not  only  all  of  our  ar 
cient  claims,  but  also  those  we  have  acquired  b 
purchase  of  the  Spanish  title — the  whole  of  Oregot 
Mr.  Chairman,  when  the  bill  reported  by  the  tei 
ritorial  committtee  was  postponed  for  the  resoli 
tion  which  we  are  now  discussing,  the  order  ind 
cated  both  by  the  President  and  our  present  cii 
cumstances,  seemed  to  me  reversed. 

In  the  Annual  Message  of  the  Executive  to  thi 
Congress,  we  are  recommended  to  pass  a  law  fo 
the  termination  of  the  Oregon  convention ;  but  W' 
are  told  in  the  same  communication,  "  beyond  al 
'  question,  the  protection  of  our  laws  and  our  juris 
'  diction,  civil  and  criminal,  ou^ht  to  be  immediate 
•  ly  extended  over  our  citizens  in  Oregon." 

We  are  ftirther  recommended  to  establish  agen 
cies  amQng  the  Indian  tribes  west  of  the  •'  Rocky 
mountains,"  and  to  protect  the  route  from  our  Mis- 


fit 


imcnta,  nnd  in 
M  a  Spanish  port 
|)rove  that  aul 
na  fiurrendercd  i 
ed  very  improba 
•tita,  us  well  itR 
3,)  Spain  and  Gi 
intimate  and  en 
us  views  of  ufl:Ki 
ie  part  of  Fnmr 
sscit  the  restitui 
he  evidence  of  SI 
ly  well  be  assun 
I  as  UBclesB,  wl 
it  Britain  remni 
t  to  its  formatior 
ition  of  the  Brit 
at  the  Nootka  ri 
binint;  tlie  relatii 
British  and  Amt 
c  the  righta  of  i 
chof  thegeogrn) 
In  the  northern 
a:iTes  joint  right 
ithern  division,  I 
find  the  convent! 
joint  right  of  tra 
diate  division — I 
y  of  the  Cohiml 
sttlemcnt  in  1790 
parties  are  suhji 
hmitcd  by  its  pi 
9  of  trade, 
meed  in  1827,  m 
,  and  leave  t: 
th  of  tru  contrai 
neither,  during  i 
ng  to  impair  li 
'■  object,  the  pri\ 
le,  to  forbid  eitli 
Itural  settlemeii 
I  limits.  Whils 
permanent  esta 
ndencies,  we  ha', 
infine  hers  witli 
)otka  conventioi 
nost  demanded  i 
rm  Great  Britai 
south  of  Puget 
I  the  terms  of  oi 
Tlie  enforcemei 
igress  of  event; 
nly  all  of  our  ar 
lave  acquired  b 
whole  of  Oregoi 
ported  by  the  tei 
I  for  the  resoli) 
',  the  order  indi 
our  present  cii 
ed. 

Executive  to  thi 
to  pass  a  law  ft 
ivention;  but  wi 
on,  ♦•  beyond  al 
wa  and  our  juris 
to  be  immediate 
Oregon." 
)  establish  agen 
of  the  "  Rocky 
te  from  our  Mi3' 


iionri  wtllcments  to  Oregon  by  a  suflicient  force  of 
inounKd  riflemen.  Now,  sir,  I  wish  these  rfcom- 
niciidiitioDs  to  be  rnrricd  out  in  the  order  which 
circuinNtnnccM  indicate.  The  laws,  the  agencies, 
and  the  riflemen  firHt;  the  notice  afterwards. 
The  emigrant  fVoni  tlie  United  States  to  Orc^'on 

r»asscs  over  o  prairie  (Icsert,  infested  by  rovnig 
mnds  r^f  predatory- savapert,  and  eniij.'ration  is  rc- 
l<irded  by  the  hazard  of  the  trip.  To  ktej)  the 
country  "  open"  to  our  people,  we  need  rinemen 
to  wat<:h  the  gate. 

The  Hudson  Bay  Company,  by  its  unrivalled 
trade  amonp;  tlie  tribes  of  Oregon,  nas  acquired  an 
influence  which  it  is  important  to  counteract — for 
this,  Indian  agents  are  required. 

BritiHli  laws  have  long  since,  been  extended  into 
Oregon  for  the  benefit  of  British  subjects.  Shall 
we  refuse  to  do  a.i  much  for  the  citizens  of  the  Uni- 
ted States?  No,  sir.  Nor  will  the  recently  mani- 
fested spirit  of  emigration  admit  of  delay.  Our 
people  have  removed  the  ••  Far  West"  into  Oregon. 
American  hearts  have  gone  over  the  mountain,  and 
American  laws  should  follow. 

Sir,  we  luive  been  asked  why  our  citizens  have 
left  the  repose  of  civil  government  to  plunge  into 
the  haunts  of  savage  beast  and  savage  man.  For 
an  answer,  I  point  to  the  energy  and  resdesb  tjiiit 
of  adventure  which  is  characteristic  of  our  neoiu': 
nnd  has  contributed  much  to  illustrate  our  nistor-y 
in  peace  and  in  war.  They  liave  exchanged  r^  jiose 
for  forest  danger  and  privation;  they  have  gone  t^ 
the  school  of  the  wilderness,  from  which  auie  forth 
the  moral  dignity  of  Daniel  Boone,  the  giant  great- 
ness of  A.ndrew  Jackson. 

What  obligation — whose  right — have  our  emi- 
grants violated?  They  have  gone  into  territory  in- 
disputably our  own :  into  the  valley  of  the  Columbia, 
to  Astoria  and  its  dependencies.  If  to  hold  for  the 
common  benefit  the  common  property — to  tame  the 
wilderness  and  render  it  productive — incur  sentence 
of  excommunication, 

"Mcthinks  the  punishment  surpassca  the  offe-icc.'" 

But  the  peaceful  agricultural  character  of  the  emi- 
gration IS  denied,  if,  with  the  axe  and  plough,  they 
also  take  the  rifle.  Sir,  the  rifle  is  part  and  parcel 
of  the  frontier  man.  It  contributes  both  to  his  food 
and  his  defence.  You  might  as  well  divide  the  man 
and  horse  of  the  fhbled  Centaur,  as  take  his  rifle 
from  the  western  pioneer.  The  tide  of  emigration 
bears  them  westward;  westward  let  it  flow,  until, 
to  use  the  idea  of  the  lamented  Linri,  our  people 
shall  sit  down  on  the  shores  of  the  Pacific,  and 
weep  that  there  are  no  more  forests  to  subdue. 
The  purpose  with  which  our  citizens  have  emi- 
grated into  Oregon  is  agricultural;  that  of  the  Hud- 
son's Bay  Company,  to  keep  the  country  in  its 
wilderness  condition  fdr  the  advantages  of  fur  trade. 
The  distinction  well  expresses  the  difference  be- 
tween the  Governments  they  represent.  One  popu- 
lar, emd  seeking  to  enlarge  the  circle  of  its  benefits; 
tlie  other  restrictive,  confines  its  favors  to  a  few, 
(in  the  strong  language  of  an  English  writer,  no- 
ticing this  subject,)  '*  like  a  harsh  step-mother,  pets 
the  favorite,  and  plunders  the  family." 

Whatever  interests  Great  Britain  had  weie  con- 
ferred upon  the  Hudson  Bay  Company,  with  power 
to  exclude  British  subjects  from  the  territory;  and 
notwithstanding  much  has  been  said  about  coloni- 
zation by  that  company,  I  believe  the  practice  has 


been  to  require  disrhnrgcd  scrvnntfl  to  ]en\  ■>.  the 
country.  Furtrnding  is  the  niitajronist  of  coloniza- 
tion; and  I  doubt  not,  if  the  Miulsun  Hny  Company 
could  r  ntrol  the  destiny  of  Oregun,  with  u  very 
small  exception,  it  would  remain  the  field  of  hunters 
and  the  home  of  fur-bearing  benNls. 

Sir,  both  in  the  legiNlotivc  halls  of  the  Sfotet  and 
in  primary  aHHeniblieH  of  the  people,  a  general  de- 
termination has  been  shown  against  permitting  a 
poliry  so  narrow  and  so  sordid  to  control  a  terri- 
tory we  believe  to  be  our  own.  This  wish  of  the 
people  meets  no  oppo.siiion  here.  Then,  sir,  waiv- 
ing the  consideration  of  ony  sinister  motive  or  sec- 
tional hate  which  may  have  brought  allies  to  the 
support  of  the  resolution  now  before  us,  I  will  treat 
it  as  singly  aiming  at  the  object  which  in  common 
we  desire — to  seizure  the  whole  of  Oregon  to  the 
United  States. 

Thus  considered,  the  dissolution  of  the  Oregon 
convention  becomes  a  mere  question  of  time.  As 
a  friend  to  the  extension  of  our  Union,  and  there- 
fore prone  to  insist  upon  its  territorial  claims,  I 
have  thought  this  movement  premature,  that  we 
should  have  put  ourselves  in  the  strongest  attitude 
for  the  enforcement  of  our  claims  before  we  fixed 
a  day  on  which  ncgitiutions  should  be  terminated 
That  nation  negotiates  to  most  advantage  which  is 
best  prepared  for  war.  Gentlemen  have  treated 
the  idea  of  preparation  for  war  as  synonymous  with 
the  raising  of  an  army.  It  is  not  bo;  indeed  that 
is  thn  ln.-.t  measure,  and  should  only  be  resorted  to 
when  war  has  become  inevitable;  and  then  a  very 
siiort  time  will  always  be,  I  t.'ust,  suflficient.  But, 
sir,  there  are  preparations  which  require  years, 
and  can  only  be  made  in  a  state  of  peace;  such  are 
the  fortifications  of  the  .salient  points  and  main  en- 
trances of  our  coast.  For  twenty-odd  years,  south- 
ern men  have  urged  the  occupation  of  the  Tortu- 
gas.  Are  those  who  have  so  long  opposed  appro- 
priations for  that  puriJose,  ready  to  grant  them  now 
m  such  profusion  that  the  labor  of  three  years  majr 
be  done  m  one  ?  No,  sir;  the  occasion,  by  increas- 
ing the  demand  for  money  elsewhere,  must  increase 
the,  opposition.  That  rock,  which  nature  placed 
like  a  sentinel  to  guard  the  entrance  into  the  Medi- 
terranean of  our  continent,  and  which  should  be 
Argus-eyed  to  watch  it,  will  stand  without  an  em- 
brasure to  look  through. 

How  is  the  case  in  Oregon?  Our  settlements 
there  must  be  protected,  and,  under  present  cir- 
cumstances, an  army  of  operations  in  tnat  country 
must  draw  its  food  from  tnis;  but  we  have  not  suf- 
ficient navy  to  keep  open  a  line  of  communication 
by  sea  around  Cape  Horn;  and  the  rugged  route, 
and  the  great  distance,  forbid  the  idea  of  supplying 
it  by  transportation  across  the  mountains.  Now, 
let  us  see  what  time,  and  the  measures  more  point- 
edly recommended  by  the  President,  would  effect. 
Our  jurisdiction  extended  into  Oregon,  the  route 
guarded  by  stockades  and  troops,  a  new  impulse 
would  be  given  to  emigration ;  and  in  two  or  three 
years  the  settlement  on  the  Willamette  might  grow 
into  a  colony,  whose  flocks  and  herds  and  granaries 
would  sustain  an  army  whenever  one  should  be 
remiired. 

By  agencies  among  the  Indian  tribes,  that  effect- 
ive ally  of  Great  Britain  which  formerly  she  has 
not  scrupled  to  employ ,  would  be  rendered  friendly 
to  our  people.  In  the  meantime,  roads  could  be 
constructea  for  the  transportation  of  munitions  of 


10 


war.  Then  we  should  be  prepared  to  assert,  and 
efTectively  maintain,  our  claims  to  thsir  ultimate 
limits. 

I  could  not  depreciate  my  countrymen;  I  would 
not  vaunt  the  prowess  of  an  enemy;  but,  sir,  I  tell 
those  gentlemen  who,  in  this  debate,  have  found  it 
so  easy  to  drive  British  troops  out  of  Oregon,  that 
between  England  and  the  United  States,  if  hostili- 
ties occur  in  that  remote  territory,  the  party  must 
succeed  which  has  bread  within  the  country. 

Mr.  Chairman,  convinced  of  the  necessity  of 
being  secure  at  home,  before  we  can  act  efficiently 
abroad — instructed  by  the  history  of  our  army  s 
embarrassments  on  former  occasions — I  desired 
such  delay  as  would  enable  us  to  take  the  prepara- 
tory steps  to  which  I  have  alluded.  Other  opin- 
ions prevail,  and  from  among  the  various  proposi- 
tions submitted,  it  is  necessary  to  select.  These 
may  be  divided  into  two  classes — such  as  propose 
to  give  notice  for  the  termination  of  the  Oregon 
convention,  to  exercise  exclusive  sovereignty  over 
the  whole  territory — and  such  as  propose  the  no- 
tice, to  expedite  negotiations.  The  first  is  advo- 
cated by  those  whose  creed,  as  announced  by  them- 
selves, is,  ♦*  the  whole  of  Oregon  or  none,  now  or 
never;"  which  so  inevitably  leads  to  war,  that  I 
have  been  surprised  to  hear  it  announced  that  war 
need  not  follow  its  adoption.  Will  England  aban- 
don a  claim  for  which  she  has  been  more  than  fifty 
years  contending,  because  we  have  ordered  her  to 
do  so?  Grant  that  she  needs,  and  desires  peace; 
yet  her  position  before  the  Powers  of  Europe 
would  not  allow  her  to  submit  to  such  unceremo- 
nious expulsion;  but  at  the  expiration  of  twelve 
months  after  the  notice  has  been  given,  in  the  lan- 
guage of  the  President,  "  we  shall  have  reached  a 
period  when  the  national  rights  in  Oregon  must 
either  be  abandoned  or  firmly  maintained. "  Sir, 
I  will  not  suppose  them  abandoned,  but  will  ask 
the  peculiar  friends  of  this  policy,  by  what  means 
they  propose  to  maintain — what  preparations  they 
have  made  to  enforce  them  ?  Before  terminating 
the  convention,  as  much  time  as  is  desirable  may 
be  taken,  without  affecting  our  claim,  but  immedi- 
ate action  is  required  afterwards;  because  thence- 
forward possession  matures  into  title.  But  if  we 
should  supinely  sit  down  after  taking  a  step  that 
required  us  to  advance,  would  our  far-seeing  rival 
neglect  the  advantage .' 

The  case  is  too  plain  to  admit  of  a  doubt:  enerey 
alone  could  preserve  our  rights,  and  those  who 
advocate  this  policy  should  have  preceded  the 
measure  by  preparations  for  war.  This  has  not 
been  done;  our  credulity  has  even  been  taxed  by 
assertions  that  it  was  the  way  to  secure  peace; 
and  our  vanity  fed  by  assurances  of  the  ease  with 
which  we  could  conquer  Great  Britain.  The  in- 
terest of  my  constituents  will  not  allow  me  to  be 
credulous;  lean  trust  to  no  such  siren  song  as 
this.  Then,  sir,  it  only  remains  for  me  to  co- 
operate with  those  who  couple  with  the  notice 
further  negotiation;  and  this  implies  a  probable 
division  of  the  territory;  for  it  is  idle  to  offer  to 
treat,  with  a  determination  to  claim  the  whole 
matter  in  dispute.  We  have  been  told  in  this 
discussion  that  negotiations  were  at  an  end,  and 
that  the  British  Government  would  never  accept 
the  ultimatum  of  the  United  States.  I  hove  no 
means  of  knowing  what  that  Government  will  do, 
than  as  the  history  of  the  past  may  speak  for  the 


future.  The  negotiations  of  Ghent  will  justify  ua 
in  believing  that  Great  Britain  may  reject  proposi- 
tions, and  afterwards  accept  them — may  offer  ulti- 
mata, and  finally  recede.  But  why  is  it  said  that 
negotiations  are  at  an  end?  It  is  true  they  have 
been  fruitless;  but  unless  we  destroy  it,  a  wide 
margin  remains  for  their  fbture  operation,  and 
more  than  one  mode  for  their  conduct.  Arbitra- 
tion was  declined;  and  in  view  of  our  situation  it 
could  not  be  otherwise,  for  wnere  could  an  arbiter 
be  found  ?  Sir,  let  us  look  around.  The  Ger- 
manic States,  with  Prussia  at  their  head,  having 
found  themselves  unable  to  restrain  emigration, 
were  last  year  engaged  in  devising  the  means  to 
divert  it  from  our  republic;  and  among  other  rea- 
sons for  this  policy  was  prominent  the  opinion, 
that  emigrants  to  this  country  became  imbued 
with  the  love  of  free  institutions,  and  by  their 
correspondence,  produced  dissatisfaction  among 
the  friends  they  nad  left  behind  them.  Our  old 
ally,  France,  jealous  of  our  rapid  growth,  has 
recently  resisted  the  extension  of  our  territory,  and 
now  wishes  to  import  to  this  continent  the  Euro- 
pean balance  of  power.  But  why  specify.  The 
conflict  of  systems  is  at  hand;  despotism  sits 
frightened  on  the  sleeping  giant  of  popular  strength; 
our  republic  is  watched  as  the  disturbing  intruder; 
and  every  move  which  threatens  his  waking,  in- 
creases the  hate  towards  us.  Not,  then,  to  a 
crowned  head  could  we  submit  the  question  of 
our  territorial  limits.  But  are  there  not  other 
modes?  Those  who,  believing  our  title  indisput- 
able, reject  all  further  iiegotiations  about  territory 
entirely  our  own,  but  draw  a  conclusion  which 
follows  from  their  premises. 

So  far  as  other  claims  have  been  presented,  I 
believe,  as  the  President  affirms,  that  our  title  to 
Oregon  "  is  the  best  now  in  existence;"  yet  I  am 
far  ifrom  being  able  to  assert  that  it  is  perfect.  The 
dust  of  ages  has  accumulated  on  the  parchment, 
obscured  its  characters,  and  the  best  minds  have 
labored  in  vain  to  bring  them  distinctly  into  light. 
The  obscurity  of  the  title  has  induced,  time  and 
again,  the  proposition  to  divide  the  territory  as  the 
only  mode  of  quieting  illy-defined  and  conflicting 
claims.  Sir,  when  gentlemen  assert  that  our  title 
is  indisputable  to  the  whole  territory  up  to  54°  40' 
of  north  latitude,  they  place  our  Government  in 
no  enviable  position.  What !  have  we  been  offer- 
ing to  surrender  part  of  the  domain  of  this  republic 
to  buy  a  peaceable  possession  of  the  rest  ?  I  re- 
joice to  believe  that  such  charge  can  never  be  sus- 
tained; and  for  this  democratic  Administration,  I 
deny  that  it  would  ever  claim  the  power,  or  have 
the  wish,  to  mutilate  the  territory  of  our  Union. 
I  have  expressed  my  belief  that  our  title  is  the  best 
to  the  whole  of  Oregon;  but  no  title  can  be  perfect 
without  occupation;  and  let  it  be  remembered,  that 
north  of  the  49lh  parallel,  with  the  exception  of 
the  settlement  at  Nootka  Sound,  there  has  never 
been  by  Spain  or  ourselves  any  actual  possession. 
If  gentlemen  will  not  make  the  distinction  between 
American  soil  and  an  undefined,  imperfect  claim, 
I  rely  upon  the  country  to  supply  the  deficiency. 
Mr.  Chairman,  if  we  pass  this  notice,  but  make 
no  adequate  provision  for  the  common  defence, 
the  President  will  be  reduced  to  the  necessity  of 
adjusting  the  rival  claims  within  twelve  months 
by  treaty,  or  plunging  the  country  unarmed  inio 
war. 


It 


11 


ill  justify  ua 
ject  proposi- 
ay  offer  ulti- 
s  it  said  that 
Lie  they  have 
y  it,  a  wide 
eration,  and 
;t.  Arbitra- 
■  situation  it 
lid  an  arbiter 
The  Ger- 
lead,  having 

emigration, 
he  means  to 
ig  other  rea- 
the  opinion, 
nme  imbued 
nd  by  their 
"tion  among 
m.  Our  old 
growth,  has 
erritory,  and 
it  the  Euro- 
pecify.  The 
spotism  sits 
liar  strength; 
ing  intruder; 
waking,  in- 
,  then,  to  a 

question  of 
e  not  other 
tie  indisput- 
out  territory 
usion  which 

presented,  I 

our  title  to 

;"  yet  I  am 

lerfect.  The 

parchment, 

minds  have 

,•  into  light. 

a,  time  and 

ritory  as  the 

conflicting 

lat  our  title 

p  to  54°  40' 

vernment  in 

e  been  offer- 

this  republic 

rest?    I  re- 

cver  be  sus- 

nistration,  I 

'^er,  or  have 

our  Union. 

e  is  the  best 

n  be  perfect 

nbered,  that 

;xception  of 

has  never 

possession. 

ion  between 

;rfect  claim, 

deficiency. 
!,  but  make 
on  defence, 
necessity  of 
?lve  monihs 
larmcd  into 


If,  sir,  reduceed  to  this  alternative  by  those 
whose  eager  haste  would  not  be  warned,  he  shall 
obtain  by  treaty  such  a  boundary  as  will  neither 
forfeit  the  more  important  interests,  nor  compro- 
mise the  honor  of  our  country,  I  shall  esteem  the 
termination  fortunate.  Much  as  I  wish  our  Union 
to  possess  tlie  whole  of  Oregon,  I  would,  in  that 
case,  approve  of  its  division,  and  be  prepared  to 
meet  whatever  censure  might  fall  upon  the  act. 
In  advance,  and  in  anticipation  of  such  a  contin- 
gency, I  will  .-iimounce  my  willingness  to  take  the 
49th  parallel  of  latitude,  extended  on  to  the  Pacific 
ocean:  not  that  tliis  parallel  is  called  for  by  any 
treaty  stipulation,  but  that  the  boundary  is  unde- 
fined; and  this  line  avoids  any  question  which  can 
be  a  point  of  honor  to  either  country.  It  is  above 
our  most  northern  post  on  the  Columbia  river,  and 
south  of  the  British  explorations  on  Frazer's  river. 
It  gives  to  each  a  part  of  Cluadra  and  Vancou- 
ver's island,  and  divides  the  harbors  of  the  coast. 
It  is  not  all  that  we  might  claim  by  fair  coiistruf- 
tion  of  the  Nootka  Sound  convention;  but  the  con- 
cession is  not  greater  than  is  due  to  other  inter- 
ests—kIuc  to  the  spirit  of  the  age,  and  the  prosperi- 
ty that  awaits  our  Government  in  peace.  Pos- 
sessed, as  by  this  line  we  should  be,  of  the  agri- 
cultural portion  of  the  country,  of  the  Straits  of 
Fuca,  and  Admiralty  Inlet,  to  American  enterprise 
and  American  institutions  we  can,  without  a  fear, 
intrust  the  future.  If  the  contracting  parties  can- 
not thus  agiee,  are,  then,  negotiations  at  an  end  ? 
Though  we  could  not  find  an  arbiter  to  whose  de- 
cision it  would  be  proper  to  submit  our  claims — to 
liush  the  clamor  of  aggrandizement  raised  against 
V  to  be  justified  before  the  world  in  any  conse- 
quences which  may  follow,  secure  in  the  justice  of 
our  cause — we  might  refer  the  question  to  a  mixed 
commission,  a  board  equally  composed  of  British 
subjects  and  American  citizens,  with  power  to 
choose  r.s  an  umpire  between  them  some  man  whose 
wisdom  would  give  force  to  his  opinion,  and  whose 
character  would  remove  him  beyond  the  influence 
of  a  sordid  motive.  F'reed  from  the  restraints  of 
diplomatic  form,  much  good  might  follow  such  a 
course;  at  least,  we  might  expect  to  learn  to  what 
last  port  this  floating  British  claim  is  driven  for  a 
refuge. 

Mr.  Chairman,  unfortunately  the  opinion  has 
gone  forth,  that  no  politician  dare  to  be  the  advo- 
cate of  peace,  when  the  question  of  war  is  mooted. 
That  will  be  an  evil  hour — the  sand  of  our  repub- 
lic '  ill  be  nearly  run — when  it  shall  be  in  the 
power  of  any  demagogue,  or  fanatic,  to  --  •  -j  a  war 
clamor,  and  control  the  legislation  of  t...  country. 
The  evils  of  war  must  fall  upon  the  people,  and 
with  them  the  war  feeling  should  originate.  We, 
their  representatives,  are  but  a  mirror  to  reflect  the 
light,  and  never  should  become  a  torch  to  fire  the 
pile.  But,  sir,  though  gentlemen  go,  torch  in  hand, 
among  combustible  materials,  they  still  declare 
there  is  no  danger  of  a  fire.  War  speeches,  and 
measures  threatening  war,  are  mingled  with  pro- 
fuse assurances  of  peace.  Sir,  we  cannot  expect, 
we  should  not  require,  our  adversary  to  submit  to 
more  than  we  would  bear;  and  I  ask,  after  the  no- 
tice has  been  given,  and  the  twelve  months  have 
expired,  who  would  allow  Great  Britain  to  exer- 
cise exclusive  jurisdiction  over  Oregon?  If  we 
would  resist  such  act  by  force  of  arms,  before  our- 
selves performing  it,  we  should  prepare  for  war. 


Some  advoc.tes  of  this  immediate  notice  have 
urged  their  policy  l)y  reference  to  a  resolution  of 
the  Democratic  Baltimore  convention,  and  contend- 
ed that  the  question  was  thereby  closed  to  members 
of  the  Democratic  party.  That  resolution  does 
not  recommend  immediate  notice,  but  recommends 
the  "  reannexation  of  Texas"  and  the  "  reoccupa- 
tion  of  Oregon"  at  the  "earliest  practicable  pe- 
riod." The  claim  is  strongly  made  to  the  "whole 
of  Oregon;"  and  the  resolution  seems  directed  more 
pointedly  to  space  than  time.  Texas  and  Oregon 
were  united  in  the  resolution;  and  had  there  been  a 
third  question  involving  our  territorial  extension, 
I  doubt  not  it  would  have  been  united  with  the 
other  two.  The  addition  of  territory  to  our  Union 
is  part  of  the  Democratic  faith,  and  properly  was 
placed  in  the  declaration  of  our  policy  at  that  time. 
To  determine  whether  that  practicable  period  has 
arrived,  is  now  the  question;  and  those  who  cor- 
dially agree  upon  the  principle  of  territorial  en- 
largement have,  and  may  continue  still  to  differ  on 
that  question.  Sir,  though  it  is  demonstrable  that 
haste  may  diminish  but  cannot  increasu  our  chances 
to  secure  the  whole  of  Oregon,  yet  because  south- 
ern men  have  urged  the  wisdom  of  delay,  we  have 
had  injuriou.s  comparisons  instituted  between  our 
conduct  on  Texas  annexation  and  Oregon  occupa- 
tion. Is  there  such  equality  between  the  cases 
that  the  same  policy  must  apply  to  each?  Texas 
was  peopled,  the  time  was  present  when  it  must  be 
acquired,  or  the  influences  active  to  defeat  our  an- 
nexation purpose  would  probably  succeed ,  and  the 
country  be  lost  to  us  forever.  Oregon  is,  with  a 
small  exception,  still  a  wilderness;  our  claim  to  ul- 
timate sovereignty  cannot  be  weakened  during  the 
continuance  of  the  Oregon  convention.  That  ill- 
starred  partnership  has  robbed  us  of  the  advan- 
tages which  an  early  occupation  would  have  given 
to  our  people  in  the  fur  trade  of  the  country,  and 
we  are  now  rapidly  advancing  to  a  position  from 
which  we  can  command  the  entire  territory.  In 
Texas  annexation  we  were  prompted  by  other  and 
higher  considerations  than  mere  interest.  Texas 
had  been  a  member  of  our  family;  in  her  infancy, 
had  been  driven  from  the  paternal  roof,  surrender- 
ed to  the  government  of  harsh,  inquisitorial  Spain; 
but,  true  to  her  lineage,  preserved  tlie  faith  of  oppo- 
sition to  monarchical  oppression.  She  now  re- 
turned, and  asked  to  be  admitted  to  the  hearth  of 
the  homestead.  She  pointed  to  the  band  of  noble 
sons  who  stood  around  her,  and  said,  '•  Here  is  the 
remnant  of  my  family;  the  rest  I  gave  a  sacrifice  at 
the  altar  of  our  fathers'  God — the  God  of  Liberty. " 
One,  two,  three,  of  the  elder  sisters  strove  hard  to 
close  the  door  upon  her;  but  the  generous  sympa- 
thy, the  justice  of  the  family,  threw  it  wide  open, 
and  welcomed  her  return.  Such  was  the  case  of 
Texas:  is  there  a  parallel  in  Oregon?  But  who 
are  those  that  arraign  the  South,  imputing  to  us 
motives  of  sectional  aggrandizement?  Generally, 
the  same  who  resisted  Texas  annexation,  and  now 
most  eagerly  press  on  the  immediate  occupation  of 
the  whole  of  Oregon.  The  source  is  worthy  the 
suspicion.  These  were  the  men  whose  constitu- 
tional scruples  resisted  the  admission  ot  a  country 
gratuitously  offered  to  us,  but  now  look  forward  to 
gaining  Canada  by  conquest.  These  the  same 
who  claim  a  weight  to  balance  Texas,  whilst  they 
attack  others  as  governed  by  sectional  considera- 
tiqna.    Siri  this  doctrine  of  a  political  balance  be- 


12 


tween  different  sections  of  our  Union,  ia  not  of 
southern  growth.  We  advocated  the  annexation 
of  Texas  aa  a  "  great  national  measure;"  we  saw 
in  it  the  extension  of  the  principles  entrusted  to 
our  care.  And  if  in  the  progress  of  the  question  it 
assumed  a  sectional  hue,  the  coloring  came  from 
the  opposition  that  it  met;  an  opposition  based  not 
upon  a  showing  of  the  injury  it  would  bring  to 
them,  but  upon  the  supposition  that  benefits  would 
be  obtained  by  us. 

Why  is  it  that  Texas  is  referred  to,  and  treated 
as  a  southern  measure  merely,  though  its  northern 
latitude  is  42°?  and  why  has  the  West  so  often 
been  reminded  of  its  services  upon  Texas  annexa- 
tion ?  Is  it  to  divide  the  South  and  West  ?  If  so, 
let  those  who  seek  this  object  cease  from  their 
travail,  for  their  end  can  never  be  attained.  A 
common  agricultural  interest  unites  us  in  a  com- 
mon policy,  and  the  hand  that  sows  seeds  of  dis- 
sension between  us  will  find,  if  they  spring  from  the 
ground,  that  the  foot  of  A-aternal  intercourse  will 
tread  them  back  to  earth. 

The  streams  that  rise  in  the  West  flow  on  and 
are  accumulated  into  the  rivers  of  the  South ;  they 
bear  the  products  of  one  to  the  other,  and  bind  the 
interests  of  the  whole  indissolubly  together.  The 
wishes  of  the  one  wake  the  sympathies  of  the 
other.  On  Texas  annexation  the  voice  of  Missis- 
sippi found  an  echo  in  the  West,  and  Mississippi 
re-echoes  the  call  of  the  West  on  the  question 
of  Oregon.  Though  this  Government  has  done 
nothing  adequate  to  the  defence  of  Mississippi, 
though  by  war  she  has  much  to  lose  and  nothing 
to  gain,  yet  she  is  willing  to  encounter  it,  if  ne- 
cessary to  maintain  our  rights  in  Oregon.  Her 
Legislature  has  recently  so  resolved,  and  her  Gov. 
ernor,  in  a  late  message,  says:  If  war  comes  "  to 
us  it  will  bring  blight  and  desolation;  yet  we  are 
ready  for  the  crisis."  Sir,  could  there  oe  a  higher 
obligation  on  the  representative  of  such  a  people 
than  to  restrain  excitement — than  to  oppose  a  pol- 
icy that  threatens  an  unnecessary  war  ? 

Mr.  Chairman,  I  wish  not  to  eulogize  the  State 
which  I  have  in  part  the  honor  here  to  represent; 
and  her  history,  orief  as  it  is,  relieves  me  from 
the  necessity  of  pledging  her  services  to  our  Union 
in  the  hour  of  its  need.  But  the  marked  omission 
of  the  gentleman  from  Missouri  [Mr.  L.  H.  Sims,] 
requires  my  attention.  In  recounting  the  services  of 
the  past  as  earnest  for  the  future,  he  gave  to  every 
neighboring  name  a  place,  but  left  out  Mississippi. 
Passed  over  it  unheeded  in  his  transit  from  Ala- 
bama to  New  Orleans.  Sir,  let  me  tell  him  that 
Mississippi's  sons  bled  freely  in  the  Creek  cam- 
paigns, and  were  leaders  at  Pensacola;  further  let 
me  tell  him  that  when  they  heard  of  an  invading 
foe  upon  the  coast  of  Louisiana,  the  spirit  was  so 
general  to  sally  forth  and  meet  him  at  the  outer  gate, 
that  our  Governor  issued  orders  to  restrain  thsir 
gnino;:  and  on  the  field  to  which  he  has  so  specially 
alluded — the  battle  of  New  Orleans,  Mississippi 
dragoons,  led  by  our  gallant  Hinds,  performed  that 
feat,  which  the  commanding  general  announced  as 
the  admiration  of  one  army  and  the  wonder  of  the 
other.  Sir,  I  will  only  add,  that  whenever  the 
honor  of  our  country  is  assailed,  whenever  its  ter- 
ritory is  invaded — to  the  North  or  to  the  South,  to 
the  East  or  to  the  West — if  then  we  shall  be  warned 
of  the  prowess  of  the  foe;  if  then  we  shell  hear  of 
armed  fleets  that  skim  along  the  sea  and  wait  like 


birds  of  prey  to  stoop  upon  our  commerce;  if  then 
we  shall  be  threatened  with  a  cloud  of  banners  that 
folded  wait  to  gather  on  our  sky,  and  darken  it  with 
the  storm  of  war;  from  the  gulf  shore  to  the  banks 
of  our  mighty  river,  through  the  length  and  breadth 
of  Mississippi,  her  sons  will  answer  with  defiance, 
and  scornfully  reply, 

"  Free  be  your  banners  flung,  we're  lofh 
Their  silken  foldi  should  feed  the  moth." 

Mr.  Chairman,  why  have  such  repeated  calls 
been  made  upon  the  South  to  rally  to  the  rescue.' 
When,  where,  or  how,  has  she  been  laggard  or  de- 
serter? 

In  1776,  the  rights  of  man  were  violated  in  the 
outrages  upon  the  northern  Colonies,  and  the  South 
united  in  a  war  for  their  defence.  In  1812,  the  flag 
of  our  Union  was  insulted,  our  sailors'  rights  in- 
vaded; and  though  the  interests  infringed  were  main- 
ly northern,  war  was  declared,  and  the  opposition 
to  its  vigorous  prosecution  came  not  from  the 
South.  We  entered  it  for  the  common  cause,  and 
for  the  common  cause  we  freely  met  its  sacrifices. 
If,  sir,  we  have  not  been  the  "  war  party  in  peace," 
neither  have  we  been  "  the  peace  party  in  war," 
and  I  will  leave  the  past  to  answer  for  the  future. 

If  we  have  not  sought  the  acquisition  of  provin- 
ces by  conquest,  neither  have  we  desired  to  eX' 
elude  from  our  Union  such  as,  drawn  by  the  mag- 
net of  free  institutions,  have  peacefully  sought  for 
admission.  From  sire  to  son,  has  descended  cur 
federative  creed ;  opposed  to  the  idea  of  sectional 
conflict  for  private  advantage,  and  fhvoring  the 
wider  expanse  of  our  Union.  If  envy,  and  jeal- 
ousy, and  sectional  strife,  are  eating  like  rust  in 
the  bonds  our  fathers  expected  to  bind  us,  they 
come  from  causes  which  our  southern  atmosphere 
has  never  furnished.  As  we  have  shared  m  the 
toils,  so  we  have  gloried  in  the  triumphs  of  our 
country.  In  our  hearts,  as  in  our  history,  are 
mingled  the  names  of  Concord  and  Camden,  and 
Saratoga,  and  Lexington,  and  Plattsburg,  and 
Chippewa,  and  Erie,  and  Moultrie,  and  New  Or- 
leans, and  Yorktown,  and  Bunker  Hill.  Grou,  e  1 
together,  they  form  a  record  of  the  triumphs  of  our 
cause,  a  monument  of  the  common  glory  of  our 
Union.  What  southern  man  would  wisn  it  less 
by  one  of  the  northern  names  of  which  it  is  com- 
posed. Or  where  is  he  who,  gazing  on  the  obelisk 
that  rises  from  the  ground  made  sacred  by  the 
blood  of  Warren,  would  feel  his  patriot's  pride  sup- 
pressed by  local  jealousy?  Type  of  the  men,  the 
event,  the  purpose  it  commenorates,  that  column 
rises  stern,  even  severe,  in  its  simplicity;  neither 
niche  nor  moulding  for  parasite  or  creeping  thing 
to  rest  on ;  composed  of  material  that  defies  the 
waves  of  time,  and  pointing  like  a  finger  to  the 
source  of  noblest  thought.  Bear  on  of  freedom,  it 
guides  the  present  generation  Ui  .  .trace  the  foun- 
tain of  our  years  and  stand  beside  its  source;  to 
contemplate  the  scene  where  Massachusetts  and 
Virginia,  as  stronger  brothers  of  the  family,  stood 
foremost  to  defend  our  common  rights;  and  re- 
memberance  of  the  petty  jarrings  of  to-day  are 
buried  in  the  nobler  friendship  of  an  earlier  time. 

Yes,  sir,  and  when  ignorance,  led  by  fanatic  hate, 
and  armed  by  all  uncharitableness,  assails  a  do- 
mestic institution  of  the  South,  I  try  to  forgive,  for 
the  sake  of  the  righteous  among  the  wicked — our 
natural  allies,  the  Democracy  of  the  North.  Thus, 
sir,  I  leave  to  silent  contempt  the  malign  predic- 


tion 
earl 
to 

thC; 

and 
In 

brft 
will 
ignc 

iF 


imerce;  if  then 
>f  banners  that 
darken  it  with 
e  to  the  banks 
Ch  and  breadth 
with  defiance, 

i  loth 
moth." 

repeated  calls 
to  the  rescue? 
laggard  or  de- 

iolated  in  the 
and  the  South 

1812,  the  flag 
ors' rights  in- 
ed  were  main- 
he  opposition 
lot  from   the 
jn  cause,  and 
its  sacrifices, 
■ty  in  peace," 
irty  in  war," 
r  the  future, 
on  of  provin- 
(sired  to  eX' 
I  by  the  mag- 
ly  sought  for 
escended  cur 
L  of  sectional 
Ihvoring  the 
iry,  and  jeal- 
[  like  rust  in 
ind  us,  they 
I  atmosphere 
hared  m  the 
nphs  of  our 

history,  are 
yamden,  and 
tsburg,  and 
nd  New  Or- 
I.    Grou,  el 
mphsof'our 
jlory  of  our 
wish  it  less 
;h  it  is  com- 
1  the  obelisk 
cred  by  the 
's  pride  sup- 
he  men,  the 
hat  column 
ity;  neither 
seping  thing 
t  defies  the 
nger  to  the 
freedom,  it 
:e  the  foun- 

source;  to 
lusctts  and 
mily,  stood 
ts;  and  re- 
to-day  are 
arlier  time, 
anatic  hate, 
sails  a  do- 
forgive,  for 
icked — our 
th.  Thus, 
gn  predic- 


13 


tions  of  the  member  from  Ohio,  who  spoke  in  the 
early  stage  of  this  discussion;  whilst  it  pleases  me 
to  remember  the  manly  and  patriotic  sentiments  of 
the  gentleman  who  sits  near  me,  [Mr.  McDowell,] 
and  who  represents  another  portion  of  that  State. 
In  him  I  recognise  the  feelings  of  our  western 
brethren;  his  were  the  sentiments  which  accord 
with  their  acts  in  the  past,  and  which,  with  a  few 
ignoble  exceptions,  I  doubt  not  they  will  emulate, 
if  again  the  necessity  should  exist.    Yes,  sir, 


if  ever  they  hear  the  invader's  foot  has  been 
pressed  upon  our  ooil,  they  will  descend  to  the 
plain  like  an  avalanche,  rushing  to  bury  the  foe. 

In  conclusion,  I  will  say,  free  from  any  forebo- 
dings of  evil,  above  the  influence  of  taunts,  beyond 
the  reach  of  treasonable  threats,  and  confiding  se- 
curely in  the  wisdom  and  patriotism  of  the  Execu- 
tive, I  shrink  from  the  assertion  of  nj  right,  and 
will  consent  to  no  restrictions  on  the  discretion  of 
the  treaty-making  power  of  our  Government. 


